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Showing posts with label
arbitration clause
.
Show all posts
Showing posts with label
arbitration clause
.
Show all posts
Sunday, 29 October 2023
If several annexures/attachments of contract are prepared at different points of time, the latter in point of time would normally prevail over the earlier
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Another parallel principle that is equally relevant is that where the contract has several annexures/attachments, prepared at different po...
Written, stamped or typed additions in the contract when inconsistent with the printed terms, would normally prevail over the printed terms"
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That leaves me to consider one more argument advanced by the Applicant. It is the case of the Applicant that the purchase orders containe...
Monday, 23 May 2022
Can the court refer the dispute to arbitration even after the novation of the contract, which contained an arbitration clause?
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The allegation of forgery is something that would be gone into at the stage of trial before the Sole Arbitrator. I am not persuaded by the ...
Friday, 15 April 2022
Whether Tax invoices containing reference to Arbitration constitute an Arbitration Agreement?
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It is on the basis of the tax invoices, the applicant is before the Court to contend that there is an arbitration agreement between the p...
Wednesday, 30 March 2022
When will a clause in an agreement not amount to an arbitration clause?
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Clause 11 of the Master Service Agreement dated 29th July 2021 between the parties reads as under:- “11.Jurisdiction, Arbitration & Di...
Sunday, 13 February 2022
Can the arbitrator adjudicate any dispute about the lease agreement between the parties not contemplated by the arbitration clause?
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In the instant case, the Respondent invoked the Arbitration Clause under the Dealership Agreement and approached the Director (Marketing) o...
Saturday, 22 January 2022
Whether non-voluntary transfer of ownership from defaulting borrower to the Bank under SARFAESI proceedings will result in assigning contractual rights under the Maintenance Agreement?
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Cannes has argued that since the Sale Deed between TDI and Surya makes a reference to the Maintenance Agreement, combined with the fact that...
Friday, 19 February 2021
Whether jurisdiction of high court Article 226 of the Constitution is ousted if there is arbitration clause?
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Therefore, while exercising its jurisdiction under Article 226, the Court is entitled to enquire into whether the action of the State or its...
Thursday, 26 November 2020
Whether the court can refer a dispute to arbitration in the absence of an arbitration clause in construction agreement relying on Government policy?
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A full Bench of the Kerala High Court in Southern Structurals Ltd. Vs. Kerala State Electricity Board declared that a decision of the Divisi...
Sunday, 30 August 2020
Whether court can treat exclusive jurisdiction clause conferring jurisdiction upon the court of a particular place as the seat of arbitration?
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Now, coming to the primary bone of contention between the parties, i.e., whether this Court has the territorial jurisdiction to entertai...
Saturday, 29 August 2020
How order 2 R 2 of CPC applies to arbitration proceeding?
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Supreme Court, in Dolphin Drilling Ltd. Vs. Oil & Natural Gas Corporation Ltd. MANU/SC/0120/2010 : (2010) 3 SCC 267 held that the words...
Sunday, 23 August 2020
Supreme Court lays down tests to determine the arbitrability of dispute if one party alleges fraud
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In a recent judgment reported as Rashid Raza (supra), this Court referred to Sikri, J.’s judgment in Ayyasamy (supra) and then held: ...
Tuesday, 4 August 2020
Whether a legal representative of the deceased partner of a partnership firm can seek reference of the dispute to arbitration?
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While right to sue for rendition of accounts of partnership firm survives on the legal representative of a deceased partner, he is also en...
Tuesday, 28 July 2020
Whether the dispute between licensor and licensee will be arbitrable even if the defendant has not filed application U/S 8 of Arbitration Act?
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Objection of learned counsel for the plaintiffs that since no application under Section 8 of the Act has been filed by the defendant, h...
Tuesday, 14 July 2020
Whether the court can infer an arbitration agreement from invoices/bills, which contained an Arbitration clause?
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In Shakti Bhog Food Limited v. Kola Shipping Limited (Supra), it was observed by Supreme Court; We would want to reiterate that as f...
Friday, 26 July 2019
Supreme Court set aside Arbitration award on ground that arbitrator has represented one of party in another case
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If the above provision is kept in view, though technically as on 27.02.2004 when the storage receipt was drawn out and the Arbitration Cla...
Saturday, 18 May 2019
Supreme Court Judgment on impartiality and independence of Arbitrator
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The scheme of Sections 12, 13, and 14, therefore, is that where an arbitrator makes a disclosure in writing which is likely to give ju...
Sunday, 14 April 2019
SC : Court Can't Appoint Arbitrator When The Contract Containing Arbitration Clause Is Insufficiently Stamped
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One reasonable way of harmonising the provisions contained in Sections 33 and 34 of the Maharashtra Stamp Act, which is a general statute...
Friday, 15 March 2019
Supreme court uphold principles of incorporating arbitration clause by reference
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This Court in Inox Wind Ltd. v. Thermocables Ltd.10 while adopting the ‘single contract case’ and ‘twocontract case’ principle laid ...
Sunday, 24 February 2019
Whether court refer dispute of interconnected agreements to arbitration if arbitration clause is in principal agreement?
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A non-signatory or third party could be subjected to arbitration without their prior consent, but this would only be in exceptional cases....
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